Janice Cerra v. Thunder Bay Regional Health Sciences Centre, 2009 HRTO 288

HUMAN RIGHTS TRIBUNAL OF ONTARIO

B E T W E E N:

Janice Cerra

Applicant

-and-

Thunder Bay Regional Health Sciences Centre, Barb Kivinen, Bruce Durdle, Bryson McChesnie and Rhonda Fishbein

Respondents

INTERIM DECISION

Adjudicator: Kaye Joachim

Date: March 13, 2009

Citation: 2009 HRTO 288

Indexed as: Cerra v. Thunder Bay Regional Health Sciences Centre

1This is an Application filed February 26, 2009 under section 53(5) of the Human Rights Code, R.S.O. 1990, c. H.19 as amended (the “Code”). On March 4, 2009, the Tribunal received a request from the applicant that her Application be dealt with on a priority basis. The respondents have not yet filed a Response and are not required to file their Response until the matter identified below has been resolved.

2The underlying complaint giving rise to this Application is dated February 10, 2008. The Ontario Human Rights Commission (“Commission”) ceased accepting complaints on July 1, 2008. It is not clear whether this complaint was filed with the Commission before June 30, 2008. The applicant asserts that she first faxed and mailed the complaint to the Tribunal on May 16, 2008 and the complaint does appear to have a Commission file number assigned. However, the complaint submitted with the present Application was signed February 10, 2009.

3The Tribunal has no jurisdiction to consider an Application made under section 53(5) unless it is based on the subject-matter of a complaint filed before June 30, 2008.

4In the circumstances, the Tribunal requires more information and submissions from the parties on whether this Application is properly before the Tribunal under section 53(5) of the Code.

5The Tribunal makes the following Orders:

a) The Ontario Human Rights Commission will be provided with a copy of this Interim Decision, along with a copy of the complaint related to the present Application and contact information for the parties.

b) Within 20 days of the date of this Interim Decision, the Commission shall advise the Tribunal and the parties whether the attached complaint (or an earlier version) was filed with the Commission, and if so, the date it was filed and the status of the complaint at December 31, 2008.

c) Within 20 days of the receipt of this information, the parties may file written submissions on whether the present Application was properly filed under section 53(5) of the Code.

d) Within 10 days of receipt of each other’s submissions, the parties shall file their replies, if any.

6The Tribunal may decide the preliminary issues on the basis of the written submissions. If oral submissions are required, the Registrar-Transition will contact the parties to set a Case Resolution Conference.

7I am not seized of this matter.